Rodriguez v. Garland, No. 19-60456 (5th Cir. 2021)Annotate this Case
Petitioner, a legal permanent resident, was twice charged as removable by the federal government, once in 2012 and once in 2016. Petitioner challenged the second removability charge as barred by res judicata. The Fifth Circuit agreed with the BIA's determination that res judicata did not bar the second removability charge because it was based on a different statutory provision and was unavailable to the Government when the first charge was brought. Petitioner also argued that the Government failed to meet 8 U.S.C. 1227(a)(2)(A)(iii)'s statutory requirements and that the BIA denied him due process of law. The court concluded that these two issues have not been addressed by the BIA in the first instance and thus they are not ripe for disposition. Accordingly, the court dismissed in part and denied the petition in part.